Application Serial No. 10/750,693
Amendment dated October 20, 2005
Reply to Office Action dated August 1, 2005
REMARKS
Claims 1-34 are pending. Claims 7-9 and 17-23 have been allowed. Claims 31-34 have
been cancelled.
The Examiner rejected Claims 1-3 under 35 U.S.C. § 103(a) as being obvious over U.S.
Patent No. 6,148,635 to Beebe et al. ("Beebe '635") in view of U.S. Patent No. 6,393,853 to
Vukovic et al. ("Vukovic '853") or in view of U.S. Patent No. 6,729,383 to Cannell et al.
("Cannell 383"). In response to the Examiner's rejection, independent Claim 1 has been
amended. Amended independent Claim 1 defines a refrigeration system module for heating and
cooling an object requiring, inter alia, a first heat exchanger having a first surface, a second heat
exchanger having a second surface, and at least one attachment feature disposed on the module
wherein the attachment feature is attached to the object to be heated or cooled thereby securing
the object in thermal communication with the first and second surfaces. The Examiner relies on
Vukovic '853 and, in the alternative, Cannell '383, as disclosing the attachment feature required
in independent Claim 1. However, neither the attachment feature of Vukovic '853 or Cannell
'383 is attached to the object to be heated or cooled.
Vukovic '853 discloses a cooling apparatus comprised of metal cold plates 1 10 and 120,
shown in Fig. 2 A, positioned on both sides of electronic module 50, which is the object to be
cooled. Cooling plates 110 and 120 of module 50 are positioned within shelf unit 20, shown in
Fig. 4A, independent of each other. Tightening of clamps 132 and 134 allow for cold plates 1 10
and 120 to be in thermal communication with module 50. However, cold plates 110 and 120 are
not attached to module 50. This is further evidenced by the fact that when cold plates 1 10 and
120 are in the released position, module 50 is readily removable from the shelf unit (col. 2, lines
19-23).
Cannell '383 discloses electronic components 48, shown in Fig. 1, as the object to be
cooled. Modular housing 50 covers device base plate 57 upon which electronic components 48
are positioned. Modular housing 50 is then attached to manifold 33 via bolts through holes 54
and 56, placing electronic components 48 in thermal communication with cooling fluid 42.
However, modular housing 50 is not attached to the electronic components 48.
For the foregoing reasons, Applicant respectfully submits that independent Claim 1, as
well as Claims 2-6 which depend therefrom, are not obvious over Beebe '635 in view of Cannell
'383 or in view of Vukovic '853.
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Application Serial No. 10/750,693
Amendment dated October 20, 2005
Reply to Office Action dated August 1, 2005
The Examiner rejected Claim 10 and Claims 13-16 under 35 U.S.C. § 103(a) as being
obvious over Beebe '635 in view of Cannell '383 further in view of U.S. Patent No. 6,687,122 to
Monfarad ("Monfarad 122"). Independent Claim 10 defines a refrigeration system module
requiring, inter alia, a frame, a heating plate, a cooling plate, an expansion device, and a hermetic
compressor assembly, the compressor assembly being disposed between the heating and cooling
plates.
The Examiner relies on Monfarad 122 for the disclosure of the hermetic compressor
assembly. While Monfarad '122 discloses a hermetic compressor assembly, the compressor
assembly of Monfarad '122 is located adjacent to the condenser and evaporator of the invention.
Additionally, Monfarad '122 teaches away from combining a hermetic compressor with the
compact refrigeration systems of Beebe '635 or Cannell '383. A disclosed advantage of
Monfarad '122 is that the system is "compact" (col. 3, line 49) and can be sized to "fit within a
rack unit of a conventional computer server or a telecommunications rack." (col. 9, lines 6-7).
Placement of the compressor between the heating and cooling plates would necessarily require
increasing the distance from one heat exchanger to the other. This increase in distance from
evaporator 614 and condenser 620, shown in Monfarad '122 Fig. 8, would increase the size of the
unit preventing it from fitting within several of its desired applications. Accordingly, a person
having ordinary skill in the art would recognize from the figures and disclosure the intended
application of Monfarad '122. Such recognition by a person having an ordinary skill in the art
creates a disincentive to place the hermetic compressor between the heat exchangers.
Advantageously, the placement of the hermetic compressor between the heating and
cooling plates allows for the heating and cooling plates to occupy substantially all of an exterior
side. This allows for not only better utilization of the available exterior surface, but also
facilitates a more efficient transfer of thermal energy.
Moreover, independent Claim 10 requires, inter alia, that the heating plate, cooling plate,
expansion device, and compressor assembly are all fixed to the frame. The Examiner relies on
Cannell '383 for disclosing the required frame. However, assuming, arguendo, that Cannell '383
discloses a frame, Cannell '383 contains only an evaporator and hence, does not contain the
additional limitations required in independent Claim 10.
For the foregoing reasons, Applicant respectfully submits that independent Claim 10, as
well as Claims 11-16 which depend therefrom, are not obvious over Beebe '635 in view of
Cannell '383 and further in view of Monfarad '122.
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BDDB01 4202150vl
Application Serial No. 10/750,693
Amendment dated October 20, 2005
Reply to Office Action dated August 1, 2005
The Examiner rejected Claims 24, 28, 31, and 34 under 35 U.S.C. §102(b) as being
anticipated by Beebe '635. Dependant Claim 25, which the Examiner indicated is allowable, has
been canceled and the limitations of dependant Claim 25 have been added to independent Claim
24. Applicant respectfully submits that amended independent Claim 24, as well as Claims 26-30
which depend therefrom, are now in condition for allowance.
It is believed that the above represents a complete response to the Official Action and
reconsideration is requested. Specifically, Applicant respectfully submit that the application is in
condition for allowance and respectfully requests allowance thereof.
In the event Applicant has overlooked the need for an additional extension of time,
payment of fee, or additional payment of fee, Applicant hereby petitions therefore and authorizes
that any charges be made to Deposit Account No. 02-0385, Baker & Daniels.
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Application Serial No. 10/750,693
Amendment dated October 20, 2005
Reply to Office Action dated August 1, 2005
MATTHEW B. SKAGGS. REG. NO. 55,814
Should the Examiner have any further questions regarding any of the foregoing, the
Examiner is respectfully invited to telephone the undersigned at (260) 424-8000.
Respectfully submitted,
Matthew B. Skaggs
Registration No. 55,814
Attorney for Applicant
MBS/mt
BAKER & DANIELS LLP
1 1 1 East Wayne Street, Suite 800
Fort Wayne, IN 46802
Telephone: 260-424-8000
Facsimile: 260-460-1700
Enc. Return Postcard
CERTIFICATION OF MAILING
I hereby certify that this correspondence is being
deposited with the United States Postal Service as First
Class Mail in an envelope addressed to: Commissioner for
Patents, P.O. Box 1450, Alexandria, VA 22313-1450, on:
October 20, 2005
Name of Registered Representative
Signature
October 20, 2005
Date
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